Palladium theologicum, Tomus quintus: De virtutibus

Whether Alms ought to be made from goods justly possessed.

OBSERVES S. Doct. that goods can be, or manifestly another's, or common, or one's own; and that these last can be acquired, either honestly, or disgracefully.

I ASSERT first, that alms cannot be made of another's goods.

IT IS PROVED by D. Bonav. first from all the laws, which enjoin that donations not be made of another's goods, because, he who does not have dominion of a thing, cannot transfer it.

SECONDLY from the Scriptures, Prov. 30. Honor God of thy substance. Ecclus. 34. The oblation of him who sacrificeth from unjust gain is spotted. He that offereth sacrifice of the substance of the poor, is as one that sacrificeth a son in the sight of his father. And below: The Most High approveth not the gifts of the wicked. S. Doct. adds to 11. Eccles. this: Cast thy bread, etc. thine, not another's (says S. Doctor.)

THIRDLY from D. Gregory in the Register, lib. 7. epist. 110. signifying this.

NEITHER let them say, that they wish to make satisfaction for the avaricious owner of those goods, who does not give alms: For it does not pertain to us to compel anyone to that to which he himself is bound, as D. August. says homil. 7. and 50. and it is reported in the Decretis 14. quaest. 5. can. Forte.

But the ASSERTION is understood, when it is done without the consent, at least presumed, of the Owner: for thus a son can give of his Father's goods, a wife of her Husband's, a servant of his Master's, because they can presume the consent of all of them. Yet Valentia adds with D. Bonav. and D. Thom. that in the case of the extreme necessity of one's neighbor, one can give of another's, because then all things are common. So Tanner. disp. 2 quaest. 5. dub. 1. num. 21.

Second assertion. As to common goods, the consent is necessary, either of the community, or of the Prelate, to whom it pertains, as is had in cap. Cum in cunctis, extra de iis, quae fiunt a maiori parte Capituli. And 12. quaest. 1. can. Certum est. As Medina well notes Tract. de eleemosyna, quaest. 4. Valentia disp. 3. quaest. 9. p. 5. Tannerus disp. 2. quaest. 5. dub. 2. num. 28.

Third assertion. If anyone does not have the administration of goods, he cannot give in alms, as the mentally incapacitated, and minors, as even those already cited note.

Fourth assertion. Those things which are disgracefully acquired, through some unjust business, as usury, a deceitful game, theft, rapine, cannot be given in alms; but they ought to be restored.

It is proved by S. Bonav. to 4. because dominion of these is not had by him who possesses them. As to things gained at dice, if they are acquired from someone who does not have the administration, as from a son, a minor, etc. they ought to be restored. Similarly, if someone led others to an illicit game, such as dice, or another which depends more on fortune than on skill. But truly, if he himself was induced by another, and he won, he is not bound; nevertheless he is called a possessor in bad faith by the laws, as Valentia reports disp. 5. quaest. 6. puncto 5. Nauarr. Manual. cap. 29. and it is had in an. Episcopus, dist. 35. and cap. Clerici 2. Extra de vita, et honest. clericorum, and L. solent, ff. de alea lusu. And Auth. Alearum usus, C. de Relig. et sumpt.

Tannerus adds, that of evilly acquired things, which are not to be restored in specie, alms can be made, the obligation of restitution remaining; but who is ignorant of this?

Fifth assertion, that things acquired in a disgraceful way, which is not against justice, as by meretricious means, can be given in alms. So S. Doct. to 4. D. Thom. art. 7. whom others follow. For that thing belongs to the very acquirer. See Tannetum num. 12.

I add first with D. Bonau. D. Thom. art. 7. and Valentia, that what is acquired through a game, to which he compelled another out of greed for gain, is illegitimately acquired. It is proved, because thus dominion was not transferred with full will.

I add second with D. Bonau. to 4. D. Thom. Valentia, Tanner, that on account of scandal, it is not to be offered to God from meretricious gain, nor accepted; whence it is said Deut. 23. Thou shalt not offer the hire of a harlot into the house of the Lord thy God; which was prohibited only on account of scandal, and irreverence.

S. Doct. adds third, that alms are not commonly to be given from that which is simply necessary for human sustenance, unless we wish to follow the state of perfection, according to the counsel of the Gospel, Matth. 19. If thou wilt be perfect, go, sell all that thou hast, and give to the poor.

He notes also, that penitents are not to be compelled to those alms.

From all these you have, with D. Bonau. at the end of the body of the quaest. that all, and only those, can make alms, who have legitimate dominion, and administration. Therefore a married woman cannot make alms from the goods of her husband, but only from her own, as S. August. says epist. 199. So of gained revenues, at least the twentieth part she can give. So Bannes art. 8. Malderus there, Cenedo, Ledefma, Vega, and others, whom Diana reports p. 1. tract. 1. Miscel. resol. 33. Caspensis disp. 6. sect. 3. Tanner. num. 24. But of her own Paraphernal goods she can give generously. Similarly also a son of the Castrense, or quasi-castrense goods; See Valentia p. 6. Diana p. 5. tract. 8. resol. 25. Azorium t. 2. lib. 12. cap. 10. quaestio 1. Hurtadum 2. 2. disp. 159. sect. 6. §. 139. who adds, that a son can pilfer something for honest uses.

Circa those receiving alms, feigning poverty, they are bound to restitution. So commonly the Doctors at Diana 5. p. tract. 8. resol. 21. Fabrum in 4. dist. 50. num. 120. who adds Scotus, Gabriel, Alensis, and others. To these add D. Bonau. Tract. de paupertate, and on the rule of the Minors. Diana adds as to those begging door to door, that they are excused, because in few things the reason is had not of poverty, but of mercy. The restitution of these, however, some say must be made to the giver; others, to the poor. See Diana loc. cit. resol. 22.

Note further, as we said of charity, and its intrinsic order; so must we speak of the extrinsic, as to making alms; that it first be made to those more nearly related, and as S. Doct. taught there, that even sinners, as partners of nature, are to be loved, so I say that alms are also to be bestowed upon them, against Vuiclephus at Vualdensis Tom. 3. lib. 2. doctrinalis fidei antiquae, cap. 81. let it be not to the sinner, as the sinner is obstinate, and in this sense is understood Ecclus. 12. Give to the merciful, and uphold not the sinner, as S. Thom. also has it art. 9. ad 1.

To all of whom alms must be made, S. Doct. teaches to 11. Eccles. Cast thy bread upon the passing waters. The waters are the nations. Apoc. 17. and tribulations Psal. 68. Therefore Luke 14. When thou makest a feast, call the poor, and the feeble, the blind, and the lame.

You will object first, against the first assertion, Luke 16. Make to yourselves friends of the mammon of iniquity.

S. Doct. answers that this is to be understood of that which is gained unjustly by accident, not of the unjust against justice; for this ought to be restored.

Or they are called iniquities, because they are the origins of iniquities, as S. Thom. here, and S. Bonau. at that place expound. See the SS. Doctores, alleging other expositions.

You will object secondly. The Hebrews offered for the Sanctuary gold, and silver, stolen from the Egyptians.

S. Doct. answers that God transferred dominion to them; and by the right of wages, those things were owed to them, others note.

As to the quantity of alms of Ecclesiastics, Diana reports resol. 27. that he has devoured all the authors, and that the broadest opinion is, that they give the fourth part of revenues, as Bannes, and Tanner say, or the half of what remains after suitable sustentation.

And this also concerning the Pope many assert at Diana resol. 28. and many things concerning Pensionaries are had at the same resol. 29.

Many add, that they are bound to restitution, of whom ten are reported, almost all classic authors, by Diana resol. 31. Yet he himself holds the opposite with 16. Doctors, almost all moderns. The reason is, because they have dominion. He asserts also resol. 51. that Regulars, assumed to the Episcopate, have dominion, and he reports many DD. loc. cit. and 3. p. tract. 2. resol. 50. the opposite, however, he does not reject, which is that of very many.

FOUR genera of alms S. Doct. enumerates at Psal. 36. and in 4. dist. 15. punct. 2. in the literal dubia. Correction, remission of injuries, compassion for oneself, bestowal of one's own benefit. Of the first, and last it is said: Give to everyone that asketh thee, Luke 6. a thing, or the health of the soul by correction. Of the second it is said, Matth. 5. And if he strike thee on thy cheek, offer him the other also. Of the third it is said Ecclus. 30. Have pity on thy own soul, pleasing God. And surely spiritual alms are worthier, says S. Bonaventura dub. 3. litt. with D. August. Enchir. cap. 73.

But that spiritual alms should be begun with oneself, S. Doct. warns, dub. 4. Then he praises austerity toward oneself more than toward others, in corporal things.

As to quantity, dub. 6. he commends generous alms according to each one's state; nevertheless he admonishes those making alms, to take note so much of the little old woman, who gives according to her state a little, as of the Queen giving treasures, as is said Luke 21.

He APPENDS, dub. 7. certain conditions essential to alms; others accidental. Among the essential, the first, he says, is that it proceed from charity, that it be meritorious, as is said 1 Corinth. 13. The second on the part of the receiver, Luke 14. Call the poor, etc. The third on the part of the gift: Honor the Lord of thy substance. The fourth on the part of intention, that it not be made, as hypocrites are wont, for they have received their reward. Matth. 6.

THE OTHERS are conditions for the well-being of alms, Ecclus. 3. Give to the just, and receive not the sinner, which he expounds as deferring to the sinner. Or concerning the heretic, to whom an alms is not to be given without extreme necessity. Secondly hilarity in giving is required, 2. Cor. 9. Thirdly abundance, as much as can be done, Tob. 4. Fourthly speed is required, Prov. 3. Say not: go, and return Eccles. 4. Prolong not the gift to one in anguish.

MOST EMBLEMATIC symbols of alms see in S. Bonav. in the Diaeta, tit. 2. cap. 7. where he compares it to the Light, which ought to be sent before death, that we may see the way to eternal life. To the River, which goes out from the sea and returns, Ecclus. 1. For it returns the same to us. Therefore he compares it to the Seed, which multiplies grains. Therefore Prov. 19. He that is merciful to his neighbor, lendeth to God. He observes, however, that precious seeds, such as of wheat, are not gathered in the same year, so also alms, best given, not in this life, but in the other; while others have in this life a reward after the manner in which vile seeds, such as millet, immediately render their produce. See other most excellent things in S. Doctor. Of accepted alms he has very many authorities from the SS. PP. in the Pharetra lib. 2. cap. 49. Of rejected alms others, cap. 50.